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HomeMy WebLinkAboutcoa.lu.gm.SuCasa Elevator.315 E Hyman.A93-94Su Casa GMQS by Planning Director A93-94 2737-182-17-002 pda� 04-J/ Z, FA ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 303) 20-5090 LAND USE APPLICATION FEES (� 39��� CITY: -63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications -63330-150 Staff Approval Do -63432-157 Zoning Plan Check -63432-157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Signif. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City 00123-63340-190 Housing —_ 00125-63340-205 Environmental Health _. PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL Name: Phone: Address: n ,l .vca^`� Project: = L /Check #: Date: No of Copies: 300�UW6� �_ IdGo•� �4bW i,rR1-� �tD 4- t�-:L'6Y4To i o ©FF DYER & ASSOCIATES ARCHITECTS 415 E. Hyman Ave. #205 Aspen, Colorado 81611 303/925-7149 All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permis- sion. Written dimensions shall take pre- cedence over scaled dimensions and shall be verified at the job site. Any di- mensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. DRAWN BY: 17�_q'� CHECKED BY: ISSUE DATE: SHEET TITLE: 4I�r' 11 geiA 66 C, I ICI'+ FP HeW k I __ -� �f�4 LAt�17I � �,l �V,,+4P(ZAI L- roPoF�� Ifj'r. ��PTi4 DYER & ASSOCIATES ARCHITECTS 209-S Ventnor Ave. Aspen, Colorado 81611 303/925-7149 REVISIONS: All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permis- sion. Written dimensions shall take pre- cedence over scaled dimensions and shall be verified at the job site. Any di- mensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. DRAWN BY: CHECKED BY: ISSUE DATE: SHEET TITLE: SHEET NO: )S,2.2 OF SHEETS Awg;f R, o, 0 . a,A /_..I vmnv I i Qr- t N .1,5� H Y M tS. H �W 51 H U C �vaTo�z AVV ' t-� F..�TAu NWT 4 7�i ^J:nYC��RE4F.r'31A' H'P Iz ( i t4 IA, A 1 FZ DYER & ASSOCIATES ARCHITECTS 209-S Ventnor Ave. Aspen, Colorado 81611 303/925-7149 Tom I H J U4 -- �_, 5s,_FAL N ' 315 51. I- yHAH WS ,6,S f:;r,I--} , CO 814011 REVISIONS: All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permis- sion. Written dimensions shall take pre- cedence over scaled dimensions and shall be verified at the job site. Any di- mensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. C11q-ol4 DRAWN BY: TKP ICZ2 P CHECKED BY: ISSUE DATE: SHEET TITLE: SHEET NO: /A OF SHEETS f �F- l i L;�V/� ��p f I I�Q II IS 4II Gil DYER & ASSOCIATES ARCHITECTS 415 E. Hyman Ave. #205 Aspen, Colorado 81611 303/925-7149 Aar Auk REVISIONS: All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permis- sion. Written dimensions shall take pre- cedence over scaled dimensions and shall be verified at the job site. Any di- mensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. qq DRAWN BY: CHECKED BY: ISSUE DATE: SHEET TITLE: SHEET NO: 4—� I.2 OF SHEETS �12 ► *& f, 0 lit ✓ � i� � X � V t!/C/ �} ------------ -- �I• IO/ztt�. ��f, 2 4 � ��IGK Td , i,��'�I,•t-- e �x� � CGNG • � _ I �/2 ��Go�IG• � 1 1 µ� 511x 14�lfrI t�,�a 0444� Pr kA-�-L DYER & ASSOCIATES ARCHITECTS 415 E. Hyman Ave. #205 Aspen, Colorado 81611 303/925-7149 REVISIONS: All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permis- sion. Written dimensions shall take pre- cedence over scaled dimensions and shall be verified at the job site. Any di- mensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. DRAWN BY: CHECKED BY: ISSUE DATE: SHEET TITLE: SHEET NO: L.1.3 OF SHEETS - i - wi-If I I-ATrrr- 2 1 �I, oj4 i ; 61 1- — ` exI4TI TD Mgt r�i�d �i � I NSW e}.l t�' " IZ 2' 7 D, �2FI CV 1�2 oI t'�Tv to F'ef-�Iv hE� 4�;(Rtlo-r, 01 DYER & ASSOCIATES ARCHITECTS 415 E. Hyman Ave. #205 Aspen, Colorado 81611 303/925-7149 % -T;�"I4 zw_ '-7 REVISIONS: All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permis- sion- Written dimensions shall take pre- cedence over scaled dimensions and shall be verified at the job site- Any di- mensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. DRAWN BY: CHECKED BY: ISSUE DATE: SHEET TITLE: SHEET NO: A �, OF SHEETS 3 II 1 0', I n N DYER & ASSOCIATES ARCHITECTS 209-S Ventnor Ave. Aspen, Colorado 81611 303/925-7149 U G SA Rv---'�rTA LA f;ZA r_ REVISIONS: All designs, ideas, arrangements and plans indicated by these drawings and specifications are the property and copyright of the Architect and shall neither be used on any other work nor be used by any other person for any use whatsoever without written permis- sion. Written dimensions shall take pre- cedence over scaled dimensions and shall be verified at the job site. Any di mensional discrepancy shall be brought to the attention of the Architect prior to commencement of work. PROJECT NO. DRAWN BY: Tin CHECKED BY: ISSUE DATE: SHEET TITLE: e'I. E \./A-r0 _ SHEET NO: A �J \ � . G. OF SHEETS 0 0, CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 11 16 94 I PARCEL ID AND CASE NO. DATE COMPLETE: 2737-182-17-002 A93-94 STAFF MEMBER: LL PROJECT NAME: Su Casa GMQS by Planning Director•- Elevator Project Address: 315 E. Hyman Legal Address: Lots E,F & G, Block 82, Aspen Townsite APPLICANT:_ Donald J. Fleisher (Wheeler Square Assoc.) Applicant Address: 200 E. Main, Aspen, 925-2122 REPRESENTATIVE: Rod Dyer & Associates 925-7149 Representative Address/Phone: 209 Ventnor, Apt. S Aspen, CO 81611 FEES: PLANNING $ 215 # APPS RECEIVED 2 ENGINEER $ # PLATS RECEIVED 1 HOUSING $ ENV. HEALTH $ TOTAL $ 215 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P&Z Meeting Date CC Meeting Date DRC Meeting Date REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: INITIALS: DUE: FINAL ROUTING: t4u DATE ROUTED: INITIAL: City Atty City Engineer Housing Open Space FILE STATUS AND LOCATION: Zoning Env. Health Other: t 0 0 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR MOUNTAIN VIEWPLANE REVIEW APPROVAL FOR AN ELEVATOR SHAFT AT THE WHEELER SQUARE BUILDING (315 E. HYMAN AVE.) ASPEN, COLORADO Resolution No. 94-d-O WHEREAS, Section 7-501 of Chapter 24 of the Aspen Municipal Code establishes mountain view planes which regulate heights of r structures in portions of the City; and WHEREAS, the Wheeler Square Building is within the Wheeler Opera House Viewplane and is subject to the regulations in Section 7-501; and WHEREAS, in order for a restaurant to occupy a space in the building an elevator must be constructed to comply with the Americans with Disabilities Act (ADA) and the Uniform Building Code modifications; and WHEREAS, the top of the elevator tower will encroach into the viewplane area of limitation and therefore must be approved by the Planning Commission; and WHEREAS, the Planning and Zoning Commission held a public meeting on December 6, 1994; and WHEREAS, the Planning staff reviewed the application and recommended approval of the proposed elevator shaft; and WHEREAS, the Commission reviewed the viewplane intrusion and approved the application with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission that it does 1 hereby approve the Mountain Viewplane Review for an elevator tower at the Wheeler Square Building to extend into the Wheeler Opera House Viewplane with the following conditions: 1. The elevator shaft shall not extend 42" above the existing roof top (which is the higher portion of the building's roof). The vent shall not extend greater than 12" above the roof of the shaft. 2. Insofar as possible as determined by Building and Planning Staff, the applicant shall paint the existing fixtures on top of the roof a color that will blend into the roof's surface and remove the portion of the old elevator shaft that is on top of the roof. 3. All material representations made in the application and in the public hearing shall be adhered to or the approval is void. 4. This approval does not negate necessary HPC review. APPROVED by the Commission at its regular meeting on December 6, 1994. Attest: Jan rney, Deputy City Clerk E Planning and Zoning Commission: Bruce Kerr, Chairman • MEMORANDUM TO: File FROM: Leslie Lamont, Deputy Director Community Development RE: Su Casa Elevator GMQS Exemption by Community Development Director DATE: February 8, 1995 SUMMARY: The applicant, Eric Casper, was required to install an elevator as part of the change in use and occupancy of a leased space in the Wheeler Square Office building, 315 East Hyman. The elevator was built on the exterior of the building and increased the building's existing floor area. The elevator added 117 square feet of floor area. Pursuant to Section 24-8-104 A. 1. (d) , the Community Development Director may exempt the expansion of a commercial or office space if no new net leasable is added. The elevator is not considered net leasable area. ZONING: Commercial Core, CC STAFF COMMENTS: The applicant has been required by the Building Department to install an operable elevator in the building to comply with Americans with Disabilities Act. Staff has reviewed this proposal. The Planning and Zoning Commission have reviewed and approved the proposal because the elevator shaft encroached into the Wheeler Opera House Viewplane. The building is located within the historic commercial core and was also reviewed by the HPC. RECOMMENDATION: Staff recommends approval of the GMQS Exemption for the expansion of commercial space which does not increase the new net leasable. I hereby approve the GMQS Exemption for the installation of an elevator at 315 East Hyman finding that it does not increase its net leasable square footage purskxan- o%Sec):ion 8-104 A. of Chapter 24 / th ' u � � cipal Code. Stan a on, Community Development Director 0 TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Deputy Director DATE: December 6, 1994 RE: Su Casa Elevator - View Plane Review SUMMARY: As part of a recent renovation to the building at 315 East Hyman, the applicant is required to install an elevator to meet recent Americans with Disabilities Act (ADA) and UBC code modifications. The required mechanical equipment for the elevator and the required clearance for safety/maintenance requirements of the elevator push the elevator shaft above the roof line and into the Wheeler Opera House view plane. APPLICANT: Eric Casper LOCATION: 315 East Hyman, Aspen ZONING: Commercial Core (CC) STAFF COMMENTS: Pursuant to Section 24-7-501 the Mountain view planes subject development to a heightened review so as to protect mountain views from obstruction, strengthen the environmental and aesthetic character of the city, maintain property values, and enhance the city's tourist industry by maintaining the city's heritage as a mountain community. The proposed elevator shaft encroaches into the Wheeler Opera House view plane. The shaft is located at the back of the open courtyard of the Wheeler Square Office building. The elevator was first proposed to stop on the second floor and would have leveled off with the existing roof of the office building. However, a recent discussion with the building department has confirmed that the law offices on the third floor must also have accessibility for the disabled and must also tie into the proposed elevator. In order to comply with the safety regulations for construction of the elevator, a 42" clearance must exist between the last or highest stop of the elevator cab itself and the top of the shaft. This is a safety precaution for a mechanic to work on top of the cab and have enough room to escape being smashed if the elevator suddenly moves up to the last stop. It is the 42" clearance and the required venting stack that will protrude above the existing building roof line. In fact, when confirming that the higher elevator shaft is in the Wheeler Opera House view plane, it was discovered that a 3'' significant portion of the top floor of the existing building is also in the view plane. Section 24-7-505 B. allows the planning staff to exempt mechanical equipment on existing buildings from view plane review except for a satellite dish and an elevator shaft (and any other significant piece of equipment). Therefore staff is requesting a Commission review of the proposed elevator shaft. According to the criteria for view plane review "no mountain view plane may be infringed upon..." However, the Commission may exempt any developer from the requirements whenever it is determined that the view plane does not so effect the parcel as to require application of PUD or that the effects of the view plane may be otherwise accommodated. RESPONSE: The elevator is a requirement of the recently adopted federal mandate to enable the physically challenged to access businesses and services whether public or private. The proposed intrusion into the view plane, beyond the portion of building that already exists in the view plane, is purely mechanical. The intrusion does not represent additional net leasable area, liveable or useable area. Occupants will not be able to access the roof top for leisure/recreational purposes. The extended elevator shaft will be no higher than the old elevator shaft that exists but is not used in the building. Nor will the extended shaft detract form the existing clutter that is currently found on top of the roof such as swamp coolers, vents, etc. During a site visit, staff viewed the roof top from the second floor of the Wheeler Opera House which is the only significant mountain view from inside the building. The elevator shaft is negligible and the second floor of the Opera House is well above the roof top of the office building. RECOMMENDATION: Finding that the affect on the view plane is negligible and due to the existing mechanical equipment on the roof, the pure mechanical nature of the intrusion, and the federal requirement to bring the building up to accessibility standards the intrusion of the elevator shaft into the view plane does not affect the parcel in a manner that a PUD review would alleviated of the affects otherwise accommodated staff recommends approval with the following conditions: 1. The elevator shaft shall not extend beyond 42" above the existing roof top (which is the higher portion of the building's roof). The vent shall not extend greater than 12" above the roof of the shaft. 2 The applicant shall paint the existing fixtures on top of the roof a color that will blend into the roof's surface andl emon the portion of the old elevator shaft that is on top of the roof 2 C-� • 0 3. All material representations made in the application and in the public hearing shall be adhered to or the approval is void. 4. This approval does not negate necessary HPC review. RECOMMENDED MOTION: "I move to approve the Wheeler Opera House view plan review for the elevator shaft to extend 42" and the vent stack 12" above the existing roof top at 315 East Hyman as represented on the submitted plans with the condition as outlined in Planning Office memo dated December 6, 1994." EXHIBITS: A. Elevator Plans K n 3 I I I 3q Q {l1 8 cc �n@8t'E�p 5° LAND USE APPLICATION FORM 1. Project Name: tZ 2. Project Location: ��� �. I-�Ynno�l ,4v �u� �� � CO 8t4p( ( I✓ , F * C-q , Fv4✓ 82 , (�Et� T'c9 w�l s z-. (Indicate street address, lot and block number, legal description where appropriate) 3. Present Zoning: (:::G 4. Lot Size: 5. Applicant's Name, Address & Phone No.:����_I� 6. Representative's Name, Address & Phone No.: 'gyp pie )PEV,��.y.J S !Co l -7 4S 7. Type of Application (Please check all that apply): — Conditional Use _, Special Review 8040 Greenline Stream Margin Mtn. View Plane Conceptual SPA Final SPA Conceptual PUD Final PUD Subdivision Conceptual Historic Development Final Historic Dev. Minor Historic Dev. Historic Demolition Condominiumization — Text/Map Amendment _ Historic Designation _ Lot Split/Lot Line � GMQS Exemption by _ GMQS Allotment Adjustment Planning Dir. _ GMQS Exemption 8. Description of Existing Uses (number and type of existing structures; approximate square feet; number of bedrooms; any previous approvals granted to the property): I 11�1l. YJ �/� � .�. C�•i Q Z L��� f (tiJ f T LI• x7i,2TIA L fA 9. Description of Development Application: 10. Have you attached the following? Response to Attachment 2, Minimum Submission Contents Y�`L Response to Attachment 3, Specific Submission Contents SUPPLEMENT TO HISTORIC PRESERVATION DEVELOPMENT APPLICATIONS IMPORTANT Three sets of clear. fully labeled drawings must be submitted In a format no larger than 11"x17, OR one dozen sets of blueprints may be submitted in lieu of the 11"x17- format. APPLICANT: Wkt7rz ' ee p,.2g 4swc I,4Tr=� ADDRESS: ?y1S ��tvN.l�►�/F �a�� Cd ZONE DISTRICT: CMG LOT SIZE (SQUARE FEET): -7 ► G� S EXISTING FAR: 6o0 3 ,'7S 5 . F ALLOWABLE FAR: -41 560 5 . E: . PROPOSED FAR: G , 2,0 . v I 5 . F . EXISTING NET LEASABLE (commercial): PROPOSED NET LEASABLE (commercial): EXISTING % OF SITE COVERAGE: PROPOSED % OF SITE COVERAGE: EXISTING % OF OPEN SPACE (Commercial): PROPOSED % OF OPEN SPACE (Commer.): EXISTING MAXIMUM HEIGHT: PROPOSED MAXIMUM HEIGHT: PROPOSED % OF DEMOLITION: EXISTING NUMBER OF BEDROOMS: PROPOSED NUMBER OF BEDROOMS: EXISTING ON -SITE PARKING SPACES: ON -SITE PARKING SPACES REQUIRED: SETBACKS: EXISTING: Front: Rear - Side: Combined Front/Rear: AllO al,40� ALLOWABLE: 1 PROPOSED: Front: Front: �— Rear. Rear: T —�— Side: _� Side: i 1 Combined Frt/Rr: �— Combined FronURear. a EXISTING NONCONFORMITIESI ENCROACHMENTS: VARIATIONS REQUFSTED(eligible for Landmarks Only character coMfihnity finding must be made by HPCI: FAR: Minimum Distance Between Buildings: SETBACKS: Front: Parking Spaces: - Rear: Open Space (Commercial): Side: Height (Cottage Infill Only): Combined FrtlRr: Site Coverage (Cottage Infill Only): • • YER & ASSOCIATES, ARCHITECTS 209 VENTNOR AVE., APT. S, ASPEN, COLORADO 81611 303/925-7149 800/372-7149 303/920-9546 (FAX) November 16, 1994 Ms. Leslie Lamont Aspen/Pitkin Planning Department City Hall 130 S. Galena Street Aspen, Colorado 81611 Re: Elevator for Su Casa Restaurant Wheeler Square Building Dear Leslie, The following is in response to Attachment 2 of the GMQS Exemption by Planning Director application: 1. Letter of authorization from Property Owners is attached. 2. The street address of the proposed development is: 315 East Hyman Avenue Aspen, Colorado 81611 The legal Description of the proposed development is: Lots E,F & G, Block 82 Aspen Townsite Pitkin County, Colorado 3. Ownership: A copy of the Title Insurance Policy is attached. 4. Location: A vicinity map is attached. 5. The Applicant proposes to add a three story, four stop elevator and elevator shaft of CMU construction with Brick veneer to match the brick of the existing building, in the southeast corner of the existing Courtyard. The elevator shaft will be approximately 9'-4" x V -10 1/2" in plan, and will extend from the partial basement to approximately 1'-0" above the existing roof of the top floor (approximately 15'-0" above existing grade). The roof will be a flat, membrane roof to match the existing roof structure. Rod Dyer, Principal Architect, Consulting Architect, Designer The proposed development is located within the confines of an existing building not historically designated and will match as close as possible, the construction, design and color of the existing building. The following is in response to Attachment 3 of the GMQS Exemption by Planning Director application: 1. Scaled drawings of the proposed development Site are attached. 2. Scaled drawings of the proposed development are attached. Because the drawings have been revised since submitting for Building Permit, to accommodate a 5th stop located at the upper level, the drawings attached have been "redlined" to reflect what was originally submitted. The additional 5th stop will be applied for under separate Permit application if it is decided to go ahead with this portion of the project. The 5th stop will not, however; add to the F.A.R. as this is a split level continuation of the existing main floor. The proposed development is in response to a requirement of the Aspen/Pitkin Regional Building Department to satisfy A.D.A. handicap access requirements to the existing structure. Please contact me at your earliest convenience if you have any questions concerning this application. Sincerely, Rod Dyer Dyer & Associates Architects 0 • The Fleisher Company August 25, 1994 Rod Dyer Architect 208 Ventnor Ave. Unit S. Aspen, Co. 81611 Dear Rod, I am responding to your letter to Eric Casper of August 17, 1994 regarding the elevator development at Wheeler Square. The owners of the Wheeler Square building is Wheeler Square Associates, Inc. This letter shall serve as authorization to you to act on behalf of Wheeler Square Associates, Inc. for the purpose of applying to construct an elevator at the Wheeler Square Building for permits and approvals. Please contact me at your convenience if you need any further assistance. Sincerely, n ld J. Fleisher, Secretary Wheeler Square Associates 100 East Main Street • ,As1)en, Colorado 81611 •303/925-2122 • Fax 920-1628 r"dHNUSl:5 ONLY AND IS NOT A eAHf 2 Property type 5 Premium 8 Survey Amendment OF THE Pnl Iry r .. ... e S 1p S 85 1 2 3 4 5 g 7 B 9 i Lgi yers Title Insurance Orporation Schedule A OWNER'S POLICY CASE.NUMBER �m*.,ILis QAT6.OF;eOt,ICy, f,.<•,I ,,AMOUNT OF, INSt&ANCE POUCY NUMBER THE POLICY NUMBER SHOWN PCT-897-86 AUGUST 29, 1986 $1,350,000.00 ON THIS SCHEDULE MUST 82-00-492992 @ 1 :24 P.M. AGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET 1 Name of Insured: WHEELER SQUARE ASSOCIATES, INC. 2. The estate or interest in the land described herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: WHEELER SQUARE ASSOCIATES, INC. 4. The land referred to in this policy is described as follows `y '� IT LOTS E, F and G, BLOCK 82, CITY AND TOWNSITE OF ASPEN, i COUNTY OF PITKIN, STATE OF COLORADO. PPTKIN C v ASPEN, COLORAD Co tersiq ature Au opted Officer or Agent Issued at (Location) Poli (Rev. 2/79) This Policy is Invalid unless the cover sheet Form No. 035-0-08 0000/ and Schedule 8 are attached ALTA Owner's Policy Form B 1970 (Rev. 10-17-70 and 10-17-84) CASE NUMBER DATE OF POLI THE POLICY NUMBER SHOWN ON THIS S LE POLICY NUMBER MUST AGREE WITH THE PREPRINTED NU PCT-897-86 AUGUST 29, 1986 ON THE COVER SHEET ' — 1 85 00 492992 Schedule B This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown bythe public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for 1986 not yet due or payable. 7. Reservations and exceptions as contained in the Deeds from the City of Aspen providing as follows: that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws; and provided further that the grant hereby made is declared to be subject to the conditions, limitations and restrictions contained in Section 2386 of the Revised Statutes of the United States, in Deeds recorded in Book 59 at page 59, Book 59 at Page 68, Book 59 at Page 417. 8. Terms and conditions of Encroachment Agreements recorded in Book 321 at Page 960 and Book 503 at Page 53. 9. Terms, and conditions of Easement Agreement between Hyman Avenue limited partnership and Tavern on the Park, Inc., recorded in Book 503 at Page 56. 10. Any and all existing leases and tenancies. Il.Deed of Trust from : WHEELER SQUARE ASSOCIATES, INC. to the Public Trustee of Pitkin County for the use of FIRST NATIONAL BANK IN ASPEN to secure $850,000.00 dated AUGUST 29, 1986 recorded AUGUST 29, 1986 in Book 517 at Page 831. NOTE: Security interest under the Uniform Commercial Code affecting the subject property notice of which is given by Financing Statement from WHEELER SQUARE ASSOCIATES, INC., debtors, to FIRST NATIONAL BANK IN ASPEN, secured party, filed August 29, 1986 as Filing No. 10203. Policy 85 Rocky Mt. (Rev. 2-79) Litho in U.S.A. Form No. 035-0-085-0502/2 ALTA Owner's Policy - Form 8 1970(Rev. 10-17-70and 10-17-84) ORIGINAL Copyright 1969 !{ ! | ' i |/ ! __-- _ ---__--- ----��_ r'-- | DYER & ASSOCIATES IaL4 4;64�� DETAIL SHEET ARCHITECTS SCALE NO. 303/925-7149 REVISIONS